Failure by the garnishee

A garnishee may be ordered to pay the sum owed to the seizing creditor as if the garnishee were the debtor, if the garnishee:

  • fails to make a declaration;
  • fails to withhold or deposit a sum of money;
  • makes a declaration that proves to be false.

However, the garnishee may obtain the authorization to declare or deposit at any time, even after judgment, the sums the garnishee should have withheld and deposited since notification of the notice of execution. In such a case, the garnishee is required to pay all costs resulting from the default.

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